Tampa is home to an eclectic mix of people, beautiful beaches, scorching sunshine, and is generally kept clean and fresh. This makes it a wonderful place to live and attracts thousands of tourists each year.
However, Tampa holds claim to some darker facts too, Florida, in general, is one of the most dangerous places to be both a driver and a pedestrian. According to Florida Highway Safety and Motor Vehicles (FHSMV), Florida suffers 400,000 car accidents every year, which results in nearly 3,500 deaths. Whenever a car accident occurs, it has the potential to change the lives of those involved and the lives of their families. Injuries could require long term treatment, vehicles must be repaired, jobs are lost, and in the worst-case scenarios, families suffer the loss of a loved one.
The worst thing is that the majority of these accidents are entirely avoidable and caused by one individual’s recklessness. Examples of reckless driving include excessive speeding, weaving in and out of traffic, and failure to look out for pedestrians.
If you have been involved in a reckless driving accident, it is important to get good representation to secure the compensation that you deserve. At The Law Place, we have dealt with a huge number of cases just like yours from both sides of the courtroom. We have extensive knowledge and skill in reckless driving cases in Tampa and Florida. Contact us today on (941) 444-4444 for a free case consultation from a car accident lawyer in Tampa, FL.
The Law Place: Legal Support for All Sides of Reckless Driving Cases
At The Law Place, our attorneys are prepared to assist both individuals facing reckless driving charges and those who have been impacted by reckless driving accidents. We have a unique approach, as our team is experienced in both criminal defense and personal injury law. This combined knowledge allows us to provide well-rounded support, whether defending someone charged with reckless driving or representing a victim seeking compensation for injuries and damages.
A Team Equipped for Every Aspect of Reckless Driving Cases
David Haenel is a key attorney at The Law Place with extensive experience in criminal defense, including cases involving reckless driving charges. David understands the serious implications of a reckless driving charge, which can range from fines and license suspension to more severe penalties if injuries or significant damage occurred.
His approach involves carefully examining all aspects of the case, including police procedures, witness statements, and potential errors in how evidence was gathered. David’s understanding of how criminal charges can overlap with personal injury claims makes him well-prepared to address the full scope of a reckless driving case.
Gail Thurston is another dedicated member of our team, with a strong background in handling both personal injury claims and defense cases involving complex liability issues. Gail works with clients who have suffered injuries or financial losses due to reckless driving, helping them seek fair compensation. Her knowledge of both the civil and criminal elements of reckless driving cases allows her to prepare strategies that protect clients from multiple angles. Whether handling a defense or pursuing a claim, Gail’s approach is thorough, thoughtful, and focused on achieving the best possible outcome.
The Benefits of Our Dual Approach in Reckless Driving Cases
Reckless driving incidents can lead to criminal charges as well as personal injury claims, especially if others were harmed. At The Law Place, we offer a balanced approach that considers both criminal defense and the potential for civil action. This enables us to look at the entire picture and make informed choices, no matter which side of the case we are representing.
When a reckless driving incident results in both criminal and civil proceedings, it’s essential to have a coordinated strategy that takes into account how each case might affect the other. Our team works together to ensure that every action in one case aligns with the best interests of the other. For example, if a criminal defense approach might impact a civil claim, we adjust our tactics to minimize potential conflicts and strengthen the overall outcome.
A reckless driving conviction can carry penalties like fines, community service, or even jail time. Additionally, if the incident resulted in injuries or property damage, the driver may face personal injury claims. We understand these dual risks and provide representation that considers both criminal consequences and potential civil liabilities. For victims, this means seeking compensation while ensuring any criminal actions related to the incident are addressed.
A reckless driving case can have lasting impacts on a person’s life, from criminal records to financial liabilities in civil cases. Our attorneys are familiar with both the short-term and long-term consequences of these cases, allowing us to advise clients on how different outcomes may affect their future. Whether defending against criminal charges or seeking compensation for an injury, we work with our clients to safeguard their rights and interests now and into the future.
Personalized Guidance for Every Reckless Driving Situation
Each reckless driving case is different, and our team at The Law Place provides support tailored to the unique needs of our clients. We recognize that these cases can be complex, especially when both criminal and civil issues are involved. If you’re dealing with a reckless driving incident, whether as someone facing charges or as a victim of an accident, our team is here to provide the balanced and thorough representation you need. Contact The Law Place for a consultation, and let us help guide you through every step of the process.
What Is Reckless Driving?
The definition of reckless driving, according to Florida Statute 316.192, is:
There is a lot of room for interpretation of this definition, and it is often up to a police officer to judge whether someone was driving recklessly. You may have been in an accident with someone who was clearly behaving recklessly, or perhaps you have been unjustifiably charged. Either way, we can help. Some examples of reckless driving might include:
- Improper passing.
- Disregarding the presence of children.
- Failing to reduce speed prior to impact.
- Failing to look for pedestrians.
- Driving under the influence of drugs or alcohol.
- Traveling in the middle of the road.
- Driving through a crowded residential area.
- Ignoring traffic control devices.
We’re here to serve you. Our phones are open 24 hours a day. What Is the Punishment for Reckless Driving?
Reckless driving is categorized as a misdemeanor. Therefore, it could result in:
- Up to 90 days in jail.
- A fine of up to $500.
- A combination of both.
Repeated offenses can result in fines of $1000 and up to 12 months behind bars. Furthermore, if bodily injury and property damage is involved, then the perpetrator could be facing fines for their damages, such as:
- Medical bills, past, and future – All medical bills that a victim has incurred.
- Property damage – Any damage to the victim’s property.
- Pain and suffering – If an accident has caused the victim to change to their way of life, this will be calculated.
When reckless driving causes serious bodily harm to a victim, then the reckless driver could face a third-degree offense. Third-degree offenses are punishable by a fine of $5000 and up to five years in jail.
We’re Florida’s top litigation team with over 75 years of combined experience The Difference Between Negligence and Recklessness in Driving
Negligence and recklessness are two distinct legal concepts, and understanding the difference is essential in reckless driving cases. Negligence refers to careless behavior where a driver fails to exercise the caution that a reasonable person would in similar circumstances. For instance, a driver who is distracted by a phone call may unintentionally cause an accident, which would generally be considered negligent. Although negligence indicates a lack of caution, it does not imply a willful disregard for safety.
Recklessness, on the other hand, involves a higher degree of culpability. It indicates that the driver knowingly disregarded the risk their actions posed to others on the road. Reckless behavior often includes actions like excessive speeding, weaving through heavy traffic, ignoring stop signs, or racing. The law interprets these actions as willfully endangering others, as the driver is typically aware of the risks but chooses to proceed regardless. Because of this, reckless driving is generally treated more severely than negligent driving, leading to greater legal consequences and potential for punitive damages.
The distinction between negligence and recklessness is crucial in legal cases because it affects the level of fault assigned and, consequently, the damages that can be sought. While negligence may result in compensation for damages like medical expenses and lost wages, recklessness can open the door to punitive damages, which are intended to punish the driver for their disregard for safety. In personal injury cases, proving that a driver was reckless rather than merely negligent can lead to higher compensation for the victim, reflecting the more serious nature of their actions.
Negligent Vs. Reckless Driving
From the initial call to updates on your case status, we are here to get you answers. How Fault is Determined in Reckless Driving Accidents?
Fault in reckless driving accidents is determined through a careful analysis of evidence that demonstrates which party’s actions caused the collision. Establishing fault can be complex in reckless driving cases, as it requires showing that a driver acted with a willful disregard for the safety of others. Several key factors contribute to determining fault:
- Police Reports – Following an accident, law enforcement officers typically arrive on the scene to assess the situation. They observe road conditions, interview drivers and witnesses, and document evidence like skid marks or damage to vehicles. The police report will often indicate the officer’s observations, any citations issued (such as for speeding or reckless behavior), and, in some cases, an initial determination of fault. This report can be critical evidence in proving liability in a reckless driving case.
- Witness Statements – Witnesses can provide an objective perspective on how the accident occurred. They may be able to attest to whether a driver was speeding, weaving through traffic, or ignoring traffic signals, which are common signs of reckless driving. Their statements can strengthen a case by providing corroborative accounts of unsafe behavior.
- Traffic and Surveillance Cameras – Video footage from traffic cameras or nearby businesses can capture the events leading up to the accident, showing whether a driver was engaging in behaviors like running red lights, tailgating, or other reckless actions. This type of evidence can be invaluable in establishing fault, as it provides visual proof of a driver’s behavior in real time.
- Traffic Violations – If a driver has been cited for traffic violations, such as excessive speeding or failing to yield, this can support a claim of recklessness. A history of repeated violations or unsafe driving behavior can also strengthen the case, showing a pattern of dangerous conduct. Evidence of such violations is often persuasive in proving liability.
- Reconstruction Experts – In some cases, accident reconstruction experts may be consulted to recreate the events based on evidence like vehicle damage, road marks, and witness accounts. These experts can provide insights into the mechanics of the accident, demonstrating how reckless behavior contributed to the collision.
Together, these factors help establish fault by painting a comprehensive picture of the events leading up to the accident. In reckless driving cases, proving fault requires showing that the at-fault driver not only caused the accident but did so through intentional or dangerously negligent behavior.
What Should I Do at the Scene of the Accident in Tampa, FL?
Car accidents in Tampa happen all too frequently, and when they do occur, it is important that you know what to do.
- Safety – The first thing you should do after a car accident is check for injuries. Your top priority should be your own safety and the safety of you’re passengers. Move out of the way of any hazards such as oncoming traffic if you can. If anyone’s injuries seem serious, then stay where you are and phone 911 immediately. Next, if you are able, you should check in on people in the other vehicles.
- Police – If there are injuries or serious property damage, then Florida law dictates that the police must be called. They will do a police report. Try and get the name and badge number of the police officer, you can ask for the report at a later date which will assist you in your case.
- Evidence – If you are in a position to do so, you can now begin gathering evidence about the car accident. Start with the other drivers, personal, vehicle, and insurance information. If there are any witnesses, get their personal information so that they can be contacted at a later date. You should also take photos of everything, including vehicles, skid marks, road conditions, and anything else you think could be relevant.
- Sketch – Next, you may want to sketch the scene of the car accident. Draw a picture of the roads, and label the vehicles. Clearly show what direction vehicles were moving in. It is a good idea to do this while your memory is still fresh; it may help you later on.
- Hospital – You should get checked over by a medical professional, even if you do not think that your injuries are very serious. The adrenaline may be hiding the true extent of your injuries, and the sooner you seek treatment, the better you will able to prove that your injury was a result of the car accident. In order to make a personal injury claim, you have 14 days to seek medical treatment, but the sooner, the better.
- The Law Place – As soon as you are able, you should give your car accident attorney a ring. They can speak to your insurance, and start gathering evidence while it is still fresh.
How Much is a Tampa Car Accident Settlement Worth?
Calculating the full extent of damages from a reckless driving accident requires careful documentation and an understanding of how these injuries may continue to impact you over time. An attorney can help gather essential evidence, including medical records and financial projections, to support a comprehensive claim. By working with an experienced attorney, you can maximize your chances of receiving a fair settlement that reflects your actual losses.
If you’re ready to seek compensation after a reckless driving accident, contact The Law Place for a free consultation to understand your rights, explore potential damages, and start working toward the support you need for recovery and the future.
Medical Expenses
Medical expenses are often the primary concern after an accident, and victims can claim both current and future medical costs. This includes immediate expenses such as hospital bills, surgeries, medications, and doctor visits, as well as anticipated costs for ongoing treatment like physical therapy, rehabilitation, and necessary medical devices. In severe cases, you may also be compensated for specialized care, such as long-term in-home care, modifications to your home, or specialized equipment.
Lost Wages and Loss of Earning Capacity
Lost wages and loss of earning capacity are also significant damages. If your injuries caused you to miss work, you may claim the income lost during your recovery period. For those with permanent injuries affecting their ability to work, compensation may also cover future earnings you would have received if the accident hadn’t impacted your ability to work. This loss of earning capacity is calculated based on various factors, including the severity of the injury and your career trajectory before the accident.
Pain and Suffering
Pain and suffering are critical aspects of a personal injury claim, covering both physical pain and emotional distress. Physical pain is assessed based on the nature of the injury, its severity, and the length of recovery. Emotional distress, which can include anxiety, depression, or post-traumatic stress disorder (PTSD), also falls under pain and suffering damages. This compensation reflects the impact of emotional challenges on your quality of life and well-being.
Loss of Enjoyment of Life
For some, injuries from an accident may prevent participation in activities they once enjoyed. Loss of enjoyment of life compensates for these lifestyle changes, acknowledging the diminished quality of life resulting from an accident-related injury.
Loss of Consortium
If the injury affects personal relationships, a spouse may file a claim for loss of consortium. This includes compensation for the negative impact on the relationship, encompassing loss of companionship, support, and intimacy.
Property Damage
Property damage, such as vehicle repairs or replacement, can also be claimed. This includes the cost of fixing or replacing a totaled vehicle as well as any personal items damaged in the accident, like electronics, clothing, or valuables.
Punitive Damages
In certain cases, courts may award punitive damages. These damages are not meant to compensate for losses but to punish the reckless driver for extreme negligence or harmful behavior, such as speeding excessively or driving under the influence. Punitive damages serve as a deterrent to prevent similar actions in the future.
Incidental and Out-of-Pocket Expenses
Incidental and out-of-pocket expenses related to your injuries can be included. These might be costs like transportation to medical appointments or hiring help for household tasks if you’re temporarily unable to manage them yourself. These seemingly small expenses can add up quickly, and they play a part in your overall claim for compensation.
Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
Absolutely.
Car accidents can leave people seriously out of pocket, even when they had no part to play in the accident. If you want to seek the compensation you deserve, you should seek help from a lawyer.
Their insurance adjuster is going to make low offers and pressure you to accept them—most people into this trap when they aren’t represented.
By having an attorney with a reputation for winning injury cases in Florida on your side, the insurance company will most likely offer a higher settlement as they will be afraid to go to court.
When you chose The Law Place to represent you in your case, you get a reputable law firm and a team of skilled car accident attorneys that will defend and fight for you. Most injury cases never go to court, but if your case does go to court, then we will be ready. We will already have all of the evidence we need to strike.
Local Support Resources for Reckless Driving Incidents in Tampa
If you’ve been involved in a reckless driving incident in Tampa, whether as a driver facing charges or as someone impacted by another’s actions, there are valuable resources throughout the community. These services can help with emotional support, rehabilitation, legal guidance, and practical assistance to aid recovery and promote accountability. Here’s a look at some of the key local resources available.
Hillsborough County Victim Assistance Program
- The Victim Assistance Program provides services to individuals and families affected by reckless driving accidents. Offering crisis counseling, guidance on navigating the justice system, and information on victim rights, this program supports those affected by trauma and legal complexities. The program connects individuals to additional resources as needed to address the emotional and practical aftermath of a reckless driving incident.
- Location: 419 N Pierce St, Tampa, FL 33602
- Contact: (813) 272-6472
DUI and Traffic Safety Courses
- For those charged with reckless driving, especially if alcohol or substance use was a factor, the Hillsborough County DUI and Traffic Safety program provides educational courses designed to promote safe driving. These courses may be court-mandated and focus on awareness, responsibility, and practical tips for safer driving. Completing a course can also demonstrate commitment to personal accountability, which may be beneficial during sentencing.
- Location: 4711 N Hubert Ave, Tampa, FL 33614
- Contact: (813) 875-6201
Substance Use Support Groups: AA and NA
- Individuals struggling with substance use, particularly if it contributed to the incident, may benefit from ongoing support through Alcoholics Anonymous (AA) and Narcotics Anonymous (NA). These peer-led meetings provide a structured, confidential environment to support individuals committed to recovery. Attending meetings regularly can demonstrate proactive steps toward change and show responsibility if you’re facing legal repercussions related to the incident.
- Find Meetings: Visit the AA Intergroup Tampa Bay or NA Florida Region websites for schedules and locations.
- Contact (AA): (813) 933-9123
Counseling and Wellness Services – Tampa Counseling and Wellness
- Reckless driving incidents can bring about significant stress, anxiety, or trauma. Tampa Counseling and Wellness offers individual counseling, stress management, and therapy for those affected by the aftermath of an accident or legal repercussions. Engaging in counseling can help individuals process complex emotions and work toward personal growth, which can benefit both victims and those facing charges.
- Location: 8905 Regents Park Dr, Suite 210, Tampa, FL 33647
- Contact: (813) 616-7186
How Local Resources Support Positive Outcomes
Engaging with these resources can help individuals on all sides of a reckless driving incident work toward a better future. For those impacted by reckless driving, these resources offer support for healing and assistance with practical needs. For individuals facing charges, utilizing these resources can demonstrate a commitment to accountability and positive change. At The Law Place, we believe that accessing the right support services can be crucial, both for personal recovery and for achieving a favorable resolution in your case. We are here to provide guidance on these options and connect clients to resources that may benefit them.
Tampa Reckless Driving Accident Lawyer, FAQ
How much does an attorney charge for a car accident in Florida?
In Florida, most car accident attorneys work on a contingency fee basis, meaning you only pay if they recover compensation for you. This arrangement allows car accident victims to seek representation without upfront costs. In criminal defense cases, such as reckless driving, fees can vary based on complexity and are often billed at an hourly rate or flat fee, so it’s important to clarify this with your lawyer.
How much can someone sue for in a car accident claim in Florida?
The amount you can sue for depends on the details of your tampa car accident case, including the severity of your car accident injuries, medical expenses, and impact on your work. Damages in personal injury cases can cover medical bills, lost wages, pain and suffering, and more. In cases where the reckless driver was particularly negligent, punitive damages may also be pursued to penalize the at-fault driver. An experienced car accident lawyer can assess your case and estimate potential compensation based on similar car accident cases.
Do I need a lawyer after a car accident in Florida?
Having a tampa car accident attorney is highly recommended for both personal injury and criminal defense issues related to reckless driving. For personal injury claims, an attorney can negotiate with insurance companies and help you seek compensation. On the criminal defense side, if you’re facing charges of reckless driving, an attorney can work to mitigate criminal penalties, which could include fines, license suspension, or jail time, especially if the accident resulted in injury. Both aspects are critical, and an attorney can help protect your rights on both fronts.
Can I sue the at-fault driver in Florida?
Yes, Florida allows car accident victims to sue the at-fault driver under specific conditions. Florida is a no-fault state, so personal injury protection (PIP) insurance covers initial expenses regardless of fault. However, if your injuries meet certain criteria, such as being permanent or involving significant scarring, you can file a car accident lawsuit against the responsible driver to pursue additional compensation. For reckless driving accidents, an attorney can help build a case that highlights the negligence involved and maximizes your recovery potential.
What are the criminal consequences for reckless driving in Florida?
Reckless driving is a criminal offense in Florida, and the consequences depend on whether it’s a first-time or repeat offense and whether the accident resulted in injuries or property damage. Penalties may include fines, jail time, probation, and a driver’s license suspension. If the reckless driving led to injury or death, it’s often treated as a felony, which can result in more severe penalties. A criminal defense attorney can work to reduce charges, negotiate for alternatives like community service, or challenge the evidence against you to protect your driving record and future.
What is personal injury protection (PIP) insurance, and how does it work?
PIP insurance is mandatory in Florida and provides no-fault coverage for medical expenses and lost wages up to $10,000, regardless of who was at fault in the accident. However, PIP may not fully cover all expenses in serious cases, making it essential to consult tampa car accident attorneys who can help you pursue additional compensation through other avenues, including a lawsuit against the at-fault driver.
How can a lawyer help with my insurance claim after a reckless driving accident?
A tampa car accident lawyer can assist with your insurance claim by reviewing your policy, collecting and submitting necessary evidence, and negotiating with insurance companies for fair compensation. In cases of reckless driving, where damages may be higher, an attorney can help ensure that insurance companies don’t undervalue your claim. If the insurer denies or delays your claim, your lawyer can escalate the case and file a lawsuit if needed.
Can I still recover damages if I was partially at fault in a Tampa auto accident?
Yes, under Florida’s “comparative negligence” rule, you can still recover damages even if you were partially at fault. However, the amount will be reduced by your percentage of fault. For example, if you’re found to be 20% responsible, your compensation would be reduced by 20%. An attorney can help minimize your degree of fault by building a case that focuses on the reckless behavior of the other driver, maximizing your potential recovery.
When should I contact a lawyer after a reckless driving accident?
Contacting a lawyer promptly is essential in reckless driving cases, especially if the accident resulted in serious injuries or criminal charges. Early legal guidance allows you to protect crucial evidence, avoid potential mistakes, and handle both criminal defense and personal injury aspects effectively. An attorney will help you navigate the complexities of the legal process, from filing an insurance claim to representing you in court if necessary.
Speak to One of Our Tampa Car Accident Lawyers Today
Here at The Law Place, we know how stressful car accidents can be. We have worked on hundreds of cases in Florida and have over 75 years of experience collectively. We know Florida law and will work as a team to help you seek the maximum compensation available to you.
Reckless drivers get away with their actions far too often; in fact, Florida sees over 400,000 car accidents every year. Leaving thousands of people with serious injuries or the loss of their loved ones. Don’t let negligent drivers get away with it! Fight for the compensation you deserve.
On the other hand, if you are being unjustifiably accused, then we also have defense attorneys ready to support you.
Our phone lines are open 24/7 for a free consultation, contact us now to speak to an experienced Tampa car accident lawyer today at (941) 444-4444.
